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7.5
U3AOS2 - Role of the Jury
| Question | Answer |
|---|---|
| What are the three key personnel in a civil dispute? | The judge or magistrate, the jury (if there is one), and the parties (plaintiff and defendant). |
| Who presides over civil cases in the County and Supreme Court? | A judge. |
| Who presides over civil cases in the Magistrates’ Court? | A magistrate. |
| What is the general role of a judge or magistrate in civil trials? | To act as an impartial umpire and ensure fair trial procedures. |
| What does case management involve before a trial? | Making orders and directions to help progress the case efficiently and fairly. |
| What is one example of a pre-trial direction a judge/magistrate might give? | Ordering parties to attend mediation or limiting discovery. |
| What is discovery? | A process where parties obtain copies of relevant documents from each other. |
| Why might a judge order mediation? | To encourage parties to resolve the dispute before trial, saving time and resources. |
| What are directions hearings? | Pre-trial hearings where the court gives procedural directions to parties. |
| What powers does a judge/magistrate have during the trial? | Changing evidence order, limiting time/witnesses, and controlling procedures. |
| Who decides liability and remedy if there is no jury? | The judge or magistrate. |
| Is there ever a jury in the Magistrates’ Court? | No. |
| What is a court judgement? | A written statement by the judge outlining the decision and legal reasoning. |
| Why are court judgements important? | They explain the outcome and must be timely, accessible, and understandable. |
| Who decides which party pays costs after a trial? | The judge or magistrate. |
| What happens if a party is self-represented? | The judge/magistrate must assist them in understanding processes, obligations, and rights. |
| In civil trials, how is a judge’s role different from a criminal trial? | They may decide both liability and remedy if no jury is present. |
| Can a civil judge/magistrate order parties to undertake procedures like mediation or discovery? | Yes. |
| Are such procedural powers available in criminal cases? | No, criminal judges can’t order mediation or discovery. |
| What is a similarity between civil and criminal judges/magistrates? | Both must act impartially and assist self-represented parties. |
| What’s a key difference in decision-making between civil and criminal trials? | Civil judges may decide liability; in criminal trials, juries decide guilt. |
| What’s one strength of judges/magistrates? | They are legal experts and act impartially to manage and decide the case fairly. |
| What is a weakness of judges/magistrates? | Being human, they may exhibit unconscious bias or fatigue affecting decisions. |
| Why is case management a strength? | It ensures cases are resolved justly, efficiently, and in a timely manner. |
| Why might case management be a weakness? | Some judges may manage cases less actively or inconsistently. |
| How can judges support self-represented parties? | By explaining procedures like cross-examination, without giving legal advice. |
| What limits exist on judicial support for self-represented parties? | Judges can’t interfere excessively, even if the party lacks legal experience. |
| What criticism exists around judicial diversity? | Lack of cultural diversity may cause community distrust in fair outcomes. |
Created by:
nandistudies
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